The applicant sought to enforce a New York judgment ordering the respondent to deliver a painting purchased by the applicant.
The respondent opposed enforcement, arguing lack of standing, lack of jurisdiction, denial of natural justice, and a novel 'comity' defence, while also requesting a stay pending an appeal in New York.
The court rejected all of the respondent's defences, finding the New York court had jurisdiction and its process was fair.
The court ordered that the New York judgment could be enforced in Ontario, but granted a short, conditional stay of enforcement pending the determination of the respondent's ongoing appeal in New York.
